1901_MERCANTILE_LAW_AMENDMENT_ORDINANCE__1864 — Page 1

HK Historical Laws 香港歷史法例 All AI Reviewed

A.D. 1863.

ADMIRALTY.

[No. 1.

45

Commissioners.

7.-(1.) It shall be lawful for the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, or the Lord High Admiral aforesaid for the time being, and they or he are or is hereby authorized and empowered, to bring, prosecute, and maintain any action, suit, or other proceeding, at law or in equity, for recovering possession of any messuages, lands, tenements, or hereditaments by this Ordinance vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which may be come due for or in respect thereof, under any demise from the said Commissioners or Lord High Admiral, or any person or persons on their or his behalf or on behalf of Her Majesty, and also to bring, prosecute, or maintain or to defend any other action or suit in respect of or in relation to the said messuages, lands, tenements, or hereditaments, or any trespass or encroachment committed thereon or damage or injury done thereto.

(2.) In every such action or suit the said Commissioners shall be called “The Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland,” without naming them; and no such action or suit shall abate by the death, resignation, or removal of such Commissioners or any of them, or of such Lord High Admiral, any law, custom, or usage to the contrary notwithstanding.

(3.) The said Commissioners or Lord High Admiral shall be entitled to recover costs for and on behalf of Her Majesty where judgment is given for the Crown, and shall be liable to pay costs where judgment is given against the Crown, in any such action, suit, or other proceeding, in like manner and subject to the same rules and provisions as though such action, suit, or other proceeding had been had between subject and subject.

Restriction on alienation of power of property.

8. Nothing in this Ordinance shall empower, or be construed, deemed, or taken to empower, the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, or the Lord High Admiral aforesaid for the time being, to sell or dispose of (otherwise than by way of surrender to Her Majesty, her heirs or successors) any property reserved or granted by the Governor for naval or public purposes and held or accepted by the said Commissioners or Lord High Admiral for the time being under any grant, lease, licence, or appropriation made by the Governor on that behalf.

ORDINANCE No. 1 OF 1864.

AN ORDINANCE to amend the Laws of Trade and Commerce.

[13th September, 1864.]

A.D. 1864.

Ordinance No. 13 of 1864.

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A.D. 1863. ADMIRALTY. [No. 1. 45 Commissioners. 7.-(1.) It shall be lawful for the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, or the Lord High Admiral aforesaid for the time being, and they or he are or is hereby authorized and empowered, to bring, prosecute, and maintain any action, suit, or other proceeding, at law or in equity, for recovering possession of any messuages, lands, tenements, or hereditaments by this Ordinance vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which may be come due for or in respect thereof, under any demise from the said Commissioners or Lord High Admiral, or any person or persons on their or his behalf or on behalf of Her Majesty, and also to bring, prosecute, or maintain or to defend any other action or suit in respect of or in relation to the said messuages, lands, tenements, or hereditaments, or any trespass or encroachment committed thereon or damage or injury done thereto. (2.) In every such action or suit the said Commissioners shall be called “The Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland,” without naming them; and no such action or suit shall abate by the death, resignation, or removal of such Commissioners or any of them, or of such Lord High Admiral, any law, custom, or usage to the contrary notwithstanding. (3.) The said Commissioners or Lord High Admiral shall be entitled to recover costs for and on behalf of Her Majesty where judgment is given for the Crown, and shall be liable to pay costs where judgment is given against the Crown, in any such action, suit, or other proceeding, in like manner and subject to the same rules and provisions as though such action, suit, or other proceeding had been had between subject and subject. Restriction on alienation of power of property. 8. Nothing in this Ordinance shall empower, or be construed, deemed, or taken to empower, the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, or the Lord High Admiral aforesaid for the time being, to sell or dispose of (otherwise than by way of surrender to Her Majesty, her heirs or successors) any property reserved or granted by the Governor for naval or public purposes and held or accepted by the said Commissioners or Lord High Admiral for the time being under any grant, lease, licence, or appropriation made by the Governor on that behalf. ORDINANCE No. 1 OF 1864. AN ORDINANCE to amend the Laws of Trade and Commerce. [13th September, 1864.] A.D. 1864. Ordinance No. 13 of 1864.
Baseline (Original)
, 1863. its, and le same ¡sioners King- of any suages, sted in è office' resaid, he re- ts, and same ments Naval er the 1 Ad- all be "The the ssing other d the valid had office more or in ands, them rten- m of nise, 'sons also iges, ene- age- lg a nts. A.D. 1863.1 ADMIRALTY. [No. 1. 45 Commission- 7.-(1.) It shall be lawful for the Commissioners for executing the Actions, etc., office of Lord High Admiral aforesaid for the time being, or the Lord by or against High Admiral aforesaid for the time being, and they or he are or is here- ers. by authorized and empowered, to bring, prosecute, and maintain any action, suit, or other proceeding, at law or in equity, for recovering posses- sion of any messuages, lands, tenements, or hereditaments by this Ordi- nance vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which may be come due for or in respect thereof, under any demise from the said Commissioners or Lord High Admiral, or any person or persons on their or his behalf or on behalf of Her Majesty, and also to bring, prosecute, or maintain or to defend any other action or suit in respect of or in relation to the said messuages, lands, tene- ments, or hereditaments, or any trespass or encroachment committed thereon or damage or injury done thereto. (2.) In every such action or suit the said Commissioners shall be called “The Commissioners for executing the Office of Lord High Ad- miral of the United Kingdom of Great Britain and Ireland," without naming them; and no such action or suit shall abate by the death, resignation, or removal of such Commissioners or any of them, or of such Lord High Admiral, any law, custom, or usage to the contrary not- withstanding. (3.) The said Commissioners or Lord High Admiral shall be entitled to recover costs for and on behalf of Her Majesty where judgment is given for the Crown, and shall be liable to pay costs where judgment is given against the Crown, in any such action, suit, or other proceeding, in like manner and subject to the same rules and provisions as though such action, suit, or other proceeding had been had between subject and subject. Restriction on alienation of 8. Nothing in this Ordinance shall empower, or be construed, deem- ed, or taken to empower, the Commissioners for executing the office power of of Lord High Admiral aforesaid for the time being, or the Lord High property. Admiral aforesaid for the time being, to sell or dispose of (otherwise than by way of surrender to Her Majesty, her heirs or successors) any property reserved or granted by the Governor for naval or public purposes and held or accepted by the said Commissioners or Lord High Admiral for the time being under any grant, lease, licence, or appropri- ation made by the Governor on that behalf. ORDINANCE No. 1 OF 1864. AN ORDINANCE to amend the Laws of Trade and Commerce. [13th September, 1864.] A.D. 1864. Ordinance No. 13 of 1864.
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A.D. 1863.1

ADMIRALTY.

[No. 1.

45

Commission-

7.-(1.) It shall be lawful for the Commissioners for executing the Actions, etc., office of Lord High Admiral aforesaid for the time being, or the Lord by or against High Admiral aforesaid for the time being, and they or he are or is here- ers. by authorized and empowered, to bring, prosecute, and maintain any action, suit, or other proceeding, at law or in equity, for recovering posses- sion of any messuages, lands, tenements, or hereditaments by this Ordi- nance vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which may be come due for or in respect thereof, under any demise from the said Commissioners or Lord High Admiral, or any person or persons on their or his behalf or on behalf of Her Majesty, and also to bring, prosecute, or maintain or to defend any other action or suit in respect of or in relation to the said messuages, lands, tene- ments, or hereditaments, or any trespass or encroachment committed thereon or damage or injury done thereto.

(2.) In every such action or suit the said Commissioners shall be called “The Commissioners for executing the Office of Lord High Ad- miral of the United Kingdom of Great Britain and Ireland," without naming them; and no such action or suit shall abate by the death, resignation, or removal of such Commissioners or any of them, or of such Lord High Admiral, any law, custom, or usage to the contrary not- withstanding.

(3.) The said Commissioners or Lord High Admiral shall be entitled to recover costs for and on behalf of Her Majesty where judgment is given for the Crown, and shall be liable to pay costs where judgment is given against the Crown, in any such action, suit, or other proceeding, in like manner and subject to the same rules and provisions as though such action, suit, or other proceeding had been had between subject and subject.

Restriction on

alienation of

8. Nothing in this Ordinance shall empower, or be construed, deem- ed, or taken to empower, the Commissioners for executing the office power of of Lord High Admiral aforesaid for the time being, or the Lord High property. Admiral aforesaid for the time being, to sell or dispose of (otherwise than by way of surrender to Her Majesty, her heirs or successors) any property reserved or granted by the Governor for naval or public purposes and held or accepted by the said Commissioners or Lord High Admiral for the time being under any grant, lease, licence, or appropri- ation made by the Governor on that behalf.

ORDINANCE No. 1 OF 1864.

AN ORDINANCE to amend the Laws of Trade and Commerce.

[13th September, 1864.]

A.D. 1864.

Ordinance No. 13 of 1864.

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